10:46 PM Mon 13 Jul 2009 GMT
While some of the most high technology kit ever seen in sailing was wheeled out of the shed in Villenueve, and San Diego, the Open Letter writers were at it again. This time drawing their respective lines in the sand as to where the 33rd America's Cup must be sailed, and how big the yachts are allowed to be.
Like most things with this America's Cup, all the parties seem to be able to do is agree to disagree, and then run to Uncle Herman or Auntie Shirley to sort it all out, and then come away with different versions of what the good Justices actually ruled.
First up from the Societe Nautique de Geneve
Mr. Marcus Young Commodore
The Golden Gate Yacht Club
#1 Yacht Road
San Francisco
California 94123
USA
6 July 2009
33rd America's Cup
Dear Commodore,
We write to correct your erroneous letter of June 19, 2009 and to address news reports of a recent interview with Russell Coutts.
In the June 19 letter, you curiously claimed that naming a Northern Hemisphere venue other than Valencia without your 'express agreement' would 'flaunt the Deed of Gift and/or the Court's Judgment and Orders.' This statement is baseless.
To be perfectly clear: the last court orders of Justices Kornreich and Cahn stated that SNG is entitled to select Valencia 'or any other location' for the next Cup, without qualification or limitation. 'Any other location', of course, includes any Northern or Southern Hemisphere venue. The orders also make clear that SNG has until 6 months prior to the race of the next Cup to announce a location. SNG will specify Valencia or any other venue in the Northern or Southern Hemisphere in due course.
We also take issue with a report of an interview of Russell Coutts that appears in the August, 2009 issue of Seahorse Magazine. When asked, '[D]o you feel bound by the 90ft x 90ft dimension of the challenge document?' Mr. Coutts stated, 'We won't exceed the dimensions as stipulated. The Deed is clear that you are not allowed to exceed the dimensions.'
This is, of course, a blatant misreading of the requirements of the orders and the Deed of Gift. The Deed, as Justice Kornreich reiterated at the May 14, 2009 hearing, expressly requires GGYC to challenge in, and provide a Custom House Registry for, a challenge vessel that conforms exactly to the measurements contained in the boat certificate that accompanied GGYC's notice of challenge. As Justice Kornreich said at the hearing, and as we noted in our letter of May 26: 'I am stating right now that . the Deed does require that the vessel conform to the challenge dimensions. If the [Custom House Registry] does not conform to the challenge dimensions, it is this Court's belief, and my direction, that Golden Gate will be disqualified, and I am directing Golden Gate, in good faith, to abide by the Deed, to make application for the CHR as soon as possible and providing it as soon as possible'.
That's the order of the Court. Should you challenge in a vessel that does not conform to the challenge dimensions, we will seek your GGYC's immediate disqualification. We look forward to the immediate receipt of the Custom House Registry.
Your letter and Mr. Coutts' interview make clear that your favored means to compete for the Cup is through litigation. We encourage you to stop these tactics and agree to meet us on the water in a boat that conforms exactly to those dimensions listed in the Challenge.
In the same interview Mr. Coutts said that the challenge received by SNG from Circolo Vela di Gargnano (CVG) was 'unrealistic'. As far as we know you have not responded to the latest letter of CVG dated June 12, 2009. Please advise as soon as possible if GGYC is going to give the opportunity to other challengers to compete in the 33rd America's Cup or will continue to exclude challengers from competition.
Yours sincerely.
Fred Meyer
Vice-Commodore and Chairman of America's Cup Committee
Alec Tournier
General Secretary
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Watch for more letter writing now that it has been confirmed that Alinghi 5 will be using powered winch systems - Philippe Chaplin
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And the reply from Golden Gate Yacht Club
July 8, 2009
Mr Fred Meyer
Vice-Commodore
Chairman, SNG's America's Cup Committee
Soci?t? Nautique de Gen?ve
Port Noir
CH-1223 Cologny
SWITZERLAND
Dear Vice-Commodore Meyer,
We write in response to your letter of July 6, 2009
Let us again reiterate, the Deed and the Order and Judgement are clear that you may not select a Northern Hemisphere venue, other than Valencia, without our mutual consent. Justice Kornreich's May 14th order contains nothing that even suggests, let alone 'stated', otherwise. To the contrary, Justice Kornreich ordered 'SNG to hold the race as per the order of the Court of Appeals and Justice Cahn in February as the order required.'
As further proof that our reading of the Deed and the Judgement and order is correct, you agreed with it when light and truth were original to you. In your May 11, 2009, court papers you agreed that 'the Deed of Gift unambiguously prohibits sailing a match between November 1 and May 1 in the Northern Hemisphere... There is nothing in the order that suggests that a race should be held in contravention of the terms of the the Deed of Gift.'
What is more, during the May 14th hearing when your attorney attempted an about face by asserting that SNG has the right to select a Northern Hemisphere venue other than Valencia without our consent, Justice Kornreich stated that 'that's not what the Court of Appeals said'.
Your letter also again fails to respond to the inescapable conclusion that the Deed and the Order and Judgement my be read harmoniously, giving force and effect to the terms of each, requiring a February race in Valencia or any other Southern Hemisphere location selected by SNG, unless otherwise consented to by GGYC. There is therefore no basis to conclude that the phrase 'any other location' in the Order and Judgement intended to alter the Deed of Gift's Northern Hemisphere restriction; just as there is no basis to conclude that this phrase intended to alter the Deed's requirement to select a location free of headlands or a location that has an ocean water course.
You also misconstrue Justice Kornreich's order and the Deed when you assert that they require GGYC's Custom House Registry to 'conform exactly' to GGYC's challenge certificate. To the contrary, the Deed is unambiguous that the dimensions provided on a challenge certificate 'shall no be exceeded'. Justice Kornreich's order is entirely consist with the Deed and the Order and Judgement; and you are simply wrong in your repeated assertions that Justice Kornreich's order in any way contravened the terms of the Deed or the mandate of the Court of Appeals.
Sincerely,
GOLDEN GATE YACHT CLUB
Marcus Young
Commodore
cc: Ernesto Bertarelli, Team Ainghi
Brad Butterworth, Team Ainghi
Russell Coutts, BMW Oracle Racing
Tom Ehman, BMW Oracle Racing
Larry Ellison, BMW Oracle Racing
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